Posted inClinical negligence Issue 14

Tragic Death of Newborn from Infection was not due to Negligence

Tragic Death of Newborn from Infection was not due to Negligence Judith Rogerson Callaghan v South Tees Hospitals NHS Foundation Trust [2023] EWHC 1199 (KB) Background  This case arose from the death of the Claimant’s daughter, Imogen, who died from Group B Streptococcus (“GBS”) bacterial meningitis and septicaemia when she…
September 25, 2023Posted inClinical negligence, Issue 14Tags: , ,
Posted inClinical negligence Issue 14

Privacy in the Public Eye – Disgraced Surgeon Fails to Block Disclosure in Mass Litigation

Privacy in the Public Eye – Disgraced Surgeon Fails to Block Disclosure in Mass Litigation Jasper Gold Dixon v North Bristol NHS Trust [2022] EWHC 1871 (QB)  - The First Judgment Dixon v North Bristol NHS Trust [2022] EWHC 3127 (KB) – The Second Judgment References to paragraphs in the…
September 21, 2023Posted inClinical negligence, Issue 14Tags: , ,
Posted inClinical negligence Issue 14

Fatal Accidents and Limitation

Fatal Accidents and Limitation Amelia Williams Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Introduction In Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB), Master Cook considered whether a Claimant could rely on Section 33 of the Limitation Act 1980 in a fatal accident claim where…
September 21, 2023Posted inClinical negligence, Issue 14Tags:
Posted inClinical negligence Issue 13 Personal injury

Who gets to go to theatre for urgent surgery first?

Matthew Donmall Middleton v Frimley Health NHS Foundation Trust [2022] EWHC 2981 (KB) Deputy High Court Judge Jonathan Glasson KC heard this case concerning the timing of revascularisation surgery at Frimley Park Hospital, and whether it was mandatory for the Claimant to be operated on within 6 hours of the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

High Court Finds Long Waiting Times for Trans Healthcare are Lawful

R. (on the application of AA (A Child)) v National Health Service Commissioning Board (NHS England) [2023] EWHC 43 (Admin) Background The demand for young people receiving gender identity development services (‘GIDS’) and for adults receiving gender identity disorder services (also, helpfully, ‘GIDS’) has increased substantially from 2012 to 2017,…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Departing from Guidelines and Balancing of Risks in Different Medical Settings

Mrs Marion O'Brien (Administratrix of the Estate of Mr John Berry (Deceased)) v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) At [99] HHJ Tindal (sitting as a Judge of the High Court) summarises aptly that “this case turns not on debates about causation – or indeed the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient?

Otu v Vivek Datta [2022] EWHC 2388 (KB) When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags: , ,
Posted inClinical negligence Issue 13 Personal injury

Consent and Factual Causation – Two Recent Cases

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 13 Personal injury

Montgomery and Material Contribution

CNZ v Royal Bath Hospitals NHS Foundation Trust and (2) Secretary of State for Health and Social Care Background In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims. The relevant findings of fact: The Claimant was born in a…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 12

Out of Hours Emergency Mental Health Provision and Paper Records

Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) In Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) following her husband’s suicide after a relapse in his psychiatric condition, the Claimant brought proceedings on behalf of her deceased husband’s estate and herself as…
May 2, 2023Posted inClinical negligence, Issue 12